Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
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Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'
Seebohm, Frederic
Anglo-Saxons; Law, Anglo-Saxon; Law, Medieval; Tribes -- Great Britain
There may well be some delicate significance in the word _burh_-bryce
being applied only to the twelve-hynde or six-hynde men, and not to the
ceorl, as though the word _burh_ could not be applied to the ceorl’s
homestead. His ‘flet,’ surrounded by its _edor_ or hedge, was perhaps too
humble to be classed with the moated or walled enclosure of the _burh_
of the higher landed classes without a change of epithet. But there is
nothing to show that the ceorl of this clause is not identical with the
ordinary twy-hyndeman.
Lastly, in sections 10 and 18 the three classes are again described as
twelve-hynde, six-hynde, and ceorlisc; while in sections 29, 30, and 31
they are described as twelve-hynde, six-hynde, and twy-hynde.
All this seems to show that for general purposes ‘twy-hynde’ and
‘ceorlisc’ were convertible terms.
[Sidenote: Ceorls must be mostly gafol-geldas.]
It can hardly be said that there is anything in King Alfred’s laws making
a distinction between the twy-hynde class and the ceorlisc class. There
seems to be nothing to suggest that the twy-hynde wergeld was confined
to any particular section of the ceorlisc class. And therefore, so far
as the laws of Alfred are concerned, the description of the twy-hynde
class in the Compact with Guthrum as gafol-geldas equally dear with the
Danish lysing would seem to apply generally to the ceorlisc class as a
whole. And this being so, it would seem probable that, speaking broadly,
by King Alfred’s time the chief practical division of classes had already
resolved itself into that between the landed classes on the one hand and
their gafol-paying tenants on the other.
It is quite true that under King Alfred’s laws there is the six-hynde
class between the twelve-hynde and the twy-hynde or ceorlisc class; but
his laws tell us nothing about this six-hynde class except what may be
inferred from the fact that its members certainly were not included in
the ceorlisc class. It can hardly be likely that King Alfred could, in
his compact with Guthrum, have confined the twy-hynde class to the ‘ceorl
who sits on gafol-land,’ leaving out the six-hynde class altogether, if,
in his laws, he meant by the six-hynde class the ceorls who did not sit
on gafol-land. It might have been possible to suppose that he used the
word ‘ceorl’ in his laws in a wider sense, as including both twelve-hynde
and twy-hynde, had he not introduced the six-hynde class between them and
restricted the meaning of the word ‘ceorlisc’ to the twy-hynde class. He
used it apparently to distinguish the twy-hynde from the other classes
which by inference were not ceorlisc.
What the six-hynde class was and what the ceorlisc class was under
West-Saxon law two centuries earlier than King Alfred’s day must be left
to be discovered from the evidence of the Dooms of Ine.
* * * * *
[Sidenote: The mund-byrd or borh-bryce of various classes.]
Public-domain text, read in full here on John Shaqi.
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